Legal Question in Banking Law in Minnesota
Bank Error
I recently cashed a series of pay checks at Republic Bank. The teller at the bank accidentally added the checks twice paying me double. Because I bring in multiple checks I do not add them before I cash them and have always trusted the bank to add correctly. Today they called me and told me that I owe them the amount that they gave me in error. My question is, am I obligated to pay this back? I don't feel that I should be liable due to the fact that it was THEIR mistake. If I made a mistake at my work of a similar fashion I would not have the option of telling them they owe more after the fact. As a business I feel mistakes made by the business should not be made the problem of the customer. However, the law does not always work the way we expect or want. Please let me know what my options are. Thank you very much for your time.
2 Answers from Attorneys
Re: Bank Error
Apart from whatever is legal poision in the instant case, it is requirement of ethics to remit the amount mistakenly paid to you. In alternative bank has right to file suit for its recovery. It will also lead criminal liability. Better advice is to remit the money. It will create loving emotions and more turst on system.
Re: Bank Error
We do not thrive on mistakes. before we examine legal position, it is our duty to return someone's money which comes to our pocket by mistake.
In law, the Bank is entitled to recover the money from you, if it can be established that it was paid to you by a mistake. The bank is a repository of public money and is not expected to behave like an individual. The Bank may instead decide to recover the money from the Teller who committed the mistake. In any case, the Bank will get its money. Would you like the poor teller to suffer for his/her mistake?
My advice is : please return the money with grace.
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